Commentaries: Art. 82

The court of first instance shall dispense with a written statement of the grounds if it:
1. states the grounds for the judgment orally; and
2. ¹ it does not impose a custodial sentence of more than two years, indefinite incarceration under Article 64 SCC², treatment in terms of Article 59 SCC or, in the case of suspended sanctions to be revoked simultaneously, a deprivation of liberty of more than two years.
The court shall provide the parties retrospectively with a written judgment stating the grounds if:
1. a party requests the same within 10 days of service of the conclusions;
2. a party files an appeal.
If it is only the private claimant who requests a written judgment stating the grounds or who appeals, the court shall provide a statement of grounds only to the extent that this relates to the criminal conduct to the prejudice of the private claimant and to his or her civil claims.
In the appellate proceedings, the court may refer to the grounds stated by the lower court in its appraisal of the factual and the legal issues in the case.

Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468;BBl 2019 6697). ↩
SR 311.0 ↩

Art. 82